WORLD TRADE  
ORGANIZATION  WT/DS344/17 
20 May 2009 
 
 (09-2455) 
 Original:   English 
  
 
UNITED STATES – FINAL ANTI-DUMPING MEASURES 
ON STAINLESS STEEL FROM MEXICO 
 
Understanding between Mexico and the United States
 
Regarding Procedures under Articles 21 and 22 of the DSU  
 
  The following communication, dated 18 May 20 09, from the delegation of Mexico and the 
United States to the Chairman of the Dispute Settlem ent Body, is circulated at the request of these 
delegations. 
 
_______________ 
 
  Mexico and the United States would like to inform the Dispute Settlement Body of the 
attached "Agreement between Me xico and the United States Regarding Procedures under Articles 21 
and 22 of the Dispute Settlement Understanding" with respect to the dispute United States – Final 
Anti-Dumping Measures on Stainless Steel from Mexico  (WT/DS344).  
  We request that you please circulate the attach ed agreement to the Members of the Dispute 
Settlement Body.  
 
 
   
 
Carlos Véjar Borrego 
Counselor 
Permanent Mission of Mexico  
  
 
Juan A. Millán 
Senior Legal Advisor 
Permanent Mission of the United States 
  
 
  WT/DS344/17 
Page 2  
 
  Agreement between Mexico and the United States
 
Regarding Procedures under Articles 21 and 22  
of the Dispute Settlement Understanding  
  
 On 20 May 2008, the Dispute Settlement Body ("DSB") adopted its recommendations and 
rulings in the dispute United States – Final Anti-Dumping Measures on Stainless Steel from Mexico  
(WT/DS344).  On 11 August 2008, Mexico request ed that the reasonable period of time for 
implementation be determined through arbitra tion pursuant to Article 21.3(b) of the Understanding on 
Rules and Procedures Governing the Settlement of Disputes ("DSU").  On 31 October 2008, the 
arbitration award was circulated to Members (WT/ DS344/15).  The arbitrator determined that the 
reasonable period of time for the United States to  implement the DSB recommendations and rulings 
would be 11 months plus ten days, expiring on April 30, 2009.   The Parties have agreed on the following procedures for purposes of this dispute:  
 
1. If Mexico deems it appropriate to  invoke Article 21.5 of the DSU, Mexico will request that 
the United States enter into consultations with Mexi co.  The Parties agree to hold such consultations 
within 15 days from the date of receipt of the request. 
2. After the 15-day period referenc ed in paragraph 1 has elapsed, Mexico may request the 
establishment of a panel pursuant to DSU Article 21.5 (the "compliance panel").  
3. At the first DSB meeting at which Mexico's request for the establishment of a compliance 
panel appears as an item on the agenda, the United St ates will accept the establishment of that panel.  
4. The Parties will cooperate to enable the comp liance panel to circulate its report within 
90 days of the panel's composition, excluding such time as the panel's work may be suspended pursuant to Article 12.12 of the DSU. 
5. In case of an appeal of the compliance panel re port, the Parties will cooperate to enable the 
Appellate Body to circulate its report within 90 days from the date of notification of the appeal to the 
DSB. 
6. In the event that the DSB ru les that a measure taken to comply does not exist or is 
inconsistent with a covered agreement, Mexico ma y request authorization to suspend concessions or 
other obligations in accordance with Article 22 of  the DSU after the adoption by the DSB of its 
recommendations and rulings and may request negotia tions with the United States with a view to 
developing mutually acceptable compensation pursuant to Article 22.2 of the DSU. 
7. The United States shall not assert that Mexico is precluded from obtaining such DSB 
authorization on the grounds that the request was made outside the 30-day time-period specified in 
Article 22.6 of the DSU.  This is without prejudi ce to the US right to have the matter referred to 
arbitration in accordance with Article 22.6 of the DSU. 
8. If Mexico requests authorization to suspend concessions or other obligations pursuant to 
Article 22.2 of the DSU, and if the United States objects under Article 22.6 of the DSU to the level 
of suspension of concessions or other obligations a nd/or claims that the principles and procedures set 
forth in DSU Article 22.3 have not been followed, the matter will be referred to arbitration pursuant 
to DSU Article 22.6. 
9. The Parties will cooperate to enable the arbitrat or under Article 22.6 of the DSU to circulate 
its award within 60 days of the referral to arbitration.  WT/DS344/17 
 Page 3 
 
 
  10. The Parties will cooperate to facilitate the par ticipation of the original panelists in the 
compliance panel and the Article 22.6 arbitration. 
11. If any of the original panelists is not availabl e for either the Article 21.5 compliance panel or 
the Article 22.6 arbitration, or both, the Parties will promptly consult on a replacement panelist or 
arbitrator, and either Party may request the Dire ctor-General of the WTO to appoint, as soon as 
possible, a replacement for the proceeding or proceed ings in which such a replacement is required.  
For any such request where an original panelist is  unavailable to serve on the compliance panel and 
the Article 22.6 arbitration, the Parties will requ est that in selecting a panelist for the compliance 
panel, the Director-General seek a person who will also be available to act in the Article 22.6 
arbitration.  
12. The Parties agree to continue to cooperate in  all matters related to these agreed procedures 
and not to raise any procedural objection to any of the steps set out herein.  If, during the application 
of these procedures, the Parties consider that a procedural aspect has not been properly addressed, 
they will endeavour to find a solution within the s hortest time possible that will not affect the other 
agreed procedures.  
13. These agreed procedures in no way prejudice other ri ghts of either party to take any action or 
procedural step to protect its rights and interests, including recourse to the DSU.  
 Agreed in Geneva on 18 May 2009. 
  
For Mexico 
 
   
Fernando de Mateo y Venturini 
Ambassador 
 For the United States 
 
   
David P. Shark 
Chargé d'affaires, a.i. 
 
 
__________